§431:9-240  Fine in lieu.  (a)  Upon thehearing of an appeal from an order suspending, revoking, or refusing to extendany license issued under this article, the court may impose a fine of not morethan $10,000 in lieu of the commissioner's action, and payment of the finewithin ten days shall reinstate, restore or extend, the license if:

(1)  The court finds that the licensee is guilty ofviolation of the law; and

(2)  The court deems the suspension, revocation, orrefusal too severe a penalty under the facts as found.

(b)  If it appears that a license of thelicensee has previously been suspended, revoked, or refused for a similaroffense, the court shall not have jurisdiction to impose a fine in lieu of thecommissioner's action. [L 1987, c 347, pt of §2]